KATSINA-ALU, J.C.A. (Delivering the Leading Judgment): The appellant herein was the defendant in the court below in Suit No.0/17/73. The respondent who was the plaintiff claimed against the defendant as follows:
(a)Declaration of title to the uncompleted three storey buildingsituate at No.33B Okosi Road, inland town Onitsha;
(b)£100 (one hundred pounds) damages for trespass to the plaintiffssaid three storey building;
(c)Injunction to restrain the defendant, his servants or his agents fromfurther trespass to the said three storey building.
Pleadings were ordered, filed and exchanged. Hearing in the case did not start until the 13th of June, 1979 with the taking of the evidence of P.W.l John Nnamani. The plaintiff gave his evidence as PW2 on 28th September, 1979. After his evidence-in-Chief, O. J. Okeke, Esq., learned counsel for the defendant applied for an adjournment to cross-examine the plaintiff The record of the trial court shows that learned counsel for the defendant was discharged …